Terms of Service – My Medical Affairs (MyMA)

This website www.mymedicalaffairs.com and its related services, products, websites, platforms and applications (“Website”) is owned and operated by Swipe Health Platforms Pty Ltd ACN 640 313 435 (“Swipe Health Platforms”).

These terms of use (“Terms of Use”) set out the terms on which we agree to give you access to use the Website. Other terms and conditions contained in the privacy policy (“Privacy Policy”) and elsewhere on our Website also form part of our agreement with you.

Please carefully read these Terms of Use. By using the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you don’t agree to be bound by these Terms of Use, you must not use the Website. These Terms of Use may be updated by us from time to time, and the updated Terms of Use will apply from the date they are published on the Website.  Each time you use our Website you should revisit these Terms of Use.

If you are agreeing to these Terms of Use on behalf of someone else, you represent and warrant that that you have the irrevocable authority and agreement of that person to be bound by these Terms of Use.

1. Definitions & Interpretation
   • Definitions

In these Terms of Use unless inconsistent with the context or subject matter the following terms have the corresponding definitions:

• Account: a User’s online account to use our Services.
• ACL: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
• Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you are located or which in any way govern or affect the use of the Services, including the laws of the State.
• Content: includes any material, text, pictures, sound, graphics, video and other data whether in written form or otherwise uploaded to or stored on the Website by you, transmitted by the Website at your instigation, or supplied by you to us for uploading to, transmission by or storage on the Website.
• Events: any events, courses, webinars, awards, conferences and other meetings organised by a Provider which are listed on the Website from time to time.
• Intellectual Property: includes without limitation our copyright, trademarks, know-how, processes and concepts, including any content that we develop or publish, the look and feel of the Website, the Website itself and any other website or platform developed by Swipe Health Platforms and the source code for those systems and all intellectual property rights related to such, whether registered or unregistered and whether developed before or after the date of these Terms of Use.
• Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
• our, us and we: Swipe Health Platforms.
• Privacy Policy: our privacy policy available on the Website.
• Provider: any person or entity that provides Events which are listed on the Website.
• Related Parties: our related entities and related bodies corporate (as those terms are defined in the Corporations Act 2001 (Cth)), our officers, directors, agents, and employees.
• Services: any services that we provide to you, including the Website.
• State: New South Wales, Australia.
• User: any person who uses the Website.
• you and your: a User.

• Interpretation

In these Terms of Use, unless inconsistent with the context or subject matter:

• a reference to a person includes any other legal entity and vice versa;
• words importing the singular number include the plural number and vice versa;
• a reference to a party includes the party’s heirs, executors, successors and permitted assigns;
• headings are for reference purposes only;
• where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
• references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
• unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
• an obligation of two or more parties binds them jointly and each of them severally.

2. Using The Website
   • The Website is an online directory that enables Users to search for and discover Events operated by Providers. The Website’s purpose is to provide Users with general guidance and information with respect to relevant Events which they may be interested in.
   • Although we provide the Website, we are not the supplier of any Events and have no involvement in such Events. In the event that you choose to attend an Event, the contract for the supply of Events is directly between you and the Provider and you and the Provider are solely responsible for fulfilment of your obligations under that contract. We are not a party to this contract and have no obligations to either you or a Provider in respect of any Events.
   • Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, please do not use our Services.
   • Subject to you complying with these Terms of Use, we will provide our Services to you on the terms set out in these Terms of Use.
3. Providers and Events
   • Providers are a third party unrelated to us. Events are supplied and controlled by the Provider and not us.
   • You acknowledge that any arrangement or communication entered into with a Provider is solely at your own risk. We have no control, influence or involvement in such arrangements, even if we include a link to an Event on our Website. Our responsibilities are limited to facilitating the availability of the Services.
   • As noted above, we are not a party to any contract between you and that Provider and are not responsible for ensuring that the Provider fulfills its obligations to you or complies with these Terms of Use, any information we publish about the Event or any Applicable Laws. Your legal rights in connection with the Events or any breach of any obligations by a Provider are against that relevant Provider and not us. For the avoidance of doubt, we have no liability or obligation to you if a Provider breaches any terms in respect of the supply of the Events.
   • We do not guarantee or make any representation that any information provided about an Event or by a Provider at an Event is correct or that they are appropriately registered and authorised in the relevant jurisdiction to provide such Event and/or advice. We give no warranty as to the suitability of the Event or the Provider. You are solely responsible for making your own enquiries in respect of the Event and the Provider, and to satisfy yourself as to the suitability of the Event and Provider.
   • We do not warrant or represent that the information we provide in relation to an Event will be error-free. We recommend that prior to booking any Event, you contact the Provider and confirm the details of such Event as we do not guarantee the information we have published is correct or current.
   • The provision of the Services does not imply any endorsement or recommendation by us of any Provider or Event.
   • We do not supply, provide, manage or control any Providers that we may connect you with through the Website or any Events and are not responsible for their advertising or otherwise. The relevant Provider is solely responsible for the supply of the Events to you. We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, fitness for purpose, legality, accuracy, completeness or otherwise of:
     • any Events (including without limitation that such Events will be suitable to your specific requirements or any advice or information provided by a Provider and the quality or suitability of any Events);
     • any representations made or information provided by Providers (including without limitation any qualifications or knowledge that a Provider may share); or
     • the ability of Providers to undertake their obligations.
   • Because of the foregoing, in the event that you have a dispute with one or more Providers, you release and hold us (and our Related Parties) harmless from actions, claims, demands and Losses of every kind arising out of or in any way connected with such disputes.
4. Refunds

We have no liability or obligation to you if a Provider cancels an Event or if an Event is non-compliant with any details contained on the Website or the applicable terms for the Event, these Terms of Use or any other terms or any Applicable Laws. If you have rights to a refund or other remedy in respect of Events under Applicable Laws, then your rights are against the relevant Provider and not us.

5. Prohibited use
   • You must not access or use the Service or Website:
     • in a way that violates these Terms of Use;
     • for unlawful or dangerous activities or purposes;
     • in a way that is fraudulent, inaccurate, false, misleading or deceptive;
     • in a way that would infringe any third party’s rights (including intellectual or other proprietary rights);
     • in a way that is defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
     • in a way that damages the credibility of the Website or us or that creates liability for us;
     • to distribute any virus, trojan horse, worms or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website;
     • to distribute or post spam;
     • in a way that uses any robot, spider, scraper, data mining tools, data gathering an extraction tools or other automated means to access our Services;
     • to collect a User’s information and harass them; or
     • in a way that violates any Applicable Law (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law).

6. Access and Termination
   • You do not need to set up an Account to use the Website generally. However, if you wish to make use of additional features (including personalised experiences, and mailing lists), you will need to register with us and set up an Account with your email address, a password and other personal information. You are solely responsible for maintaining the confidentiality of your login details and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
   • If we enable you to connect to the Website with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. Please contact us immediately if you believe your Account has been compromised or misused in any way.
   • We reserve the right, at any time and without prior notice to remove or disable:
     • access to this Website or any part of it for any reason; and
     • any User that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms of Use or otherwise harmful to the Website or the interests of other Users,

and we will not be liable to you for any Loss that you incur in the event that we do this.

• You may delete your Account at any time by following the prompts on the Website (for Account holders).
• The termination of your access to the Website is without prejudice to the rights, liabilities and obligations of the parties that arose prior to the termination unless otherwise agreed by us.

7. Intellectual Property Rights
   • You acknowledge and agree that:
     • Swipe Health Platforms owns all right, title and interest in and to the Intellectual Property of the Website and no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms of Use;
     • you will not copy, reproduce, alter, modify, create derivative works, or publicly display any Swipe Health Platforms Intellectual Property except with the prior written permission of Swipe Health Platforms or the appropriate third party authorised to grant such permission and when doing so you must adequately acknowledge us and, in the case of websites, include a link from your website to our Website;
     • you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, sublicensable, non-exclusive licence to use, reproduce, commercialise, modify, adapt and communicate any Content in order to provide our Services and to otherwise advertise and market our business and for incidental services;
     • you warrant that any Content you provide us or otherwise transmit through the Website with will not infringe any intellectual property rights of any third party nor give rise to any liability to make royalty or other payments to any third party; and
     • you must not falsely express or imply a relationship between you and us.

8. Disclaimer
   • You acknowledge and agree that your use of this Website and the Services is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website (including Events and anything relating to Providers). Subject to the other terms of this clause and to the maximum extent permitted by Applicable Laws, anything contained in this Website is without warranty of any kind and we expressly exclude such warranties.
   • You acknowledge and agree that:
     • Swipe Health Platforms does not provide educational, training, pharmaceutical or medical services. The content on the website and in any linked or referred to materials is not and should not be construed as medical, legal or financial advice. Any information is provided as a convenience to you and is to be taken as general information only;
     • although we provide tools to assist you to become aware of Events, any decision you make (including booking an Event) and any consequences that flow from that decision are your sole responsibility;
     • while we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
       • the Website will be error-free or uninterrupted, or that your use of the Website will provide any specific results;
       • the Website will be accessible at all times;
       • information you receive or supply through the Website will be secure or confidential; or
       • any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including any Event information or other content;

• we do not guarantee the quality, suitability, reliability, accuracy and usefulness of any Provider and their Events; and
• we do not represent or warrant that your use of the Services will meet your particular requirements, whether those requirements are disclosed to us or not.

• The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

9. Limitation of Liability
   • Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms of Use to the maximum extent permitted by law.
   • Without limitation to clause 9.1, we will not be liable for any Loss to you or any other person, due to or arising directly or indirectly from:
     • your use or inability to use this Website in any way;
     • your reliance on the Website;
     • any Events;
     • any act, omission or default, whether negligent or otherwise of any Provider or third party;
     • any Loss occasioned by any Provider or third party;
     • any Content; or
     • any action taken on your account.
   • Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms of Use, including any breach by us of these Terms of Use, however arising, in contract, in tort (including negligence), under any statute, custom, law or on any other basis is limited to $1.
   • We exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with the Services.
   • Nothing in these Terms of Use is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
   • If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option to the resupply of the services or the payment of the cost of resupply.
   • Where you are or may be entitled to recover from a third party (such as an insurer) any sum in respect of any matter or event that could give rise to a claim under these Terms of Use, you must:
     • use your best endeavours to recover that sum before making the claim;
     • keep us informed of the conduct of such recovery; and
     • reduce the amount of the claim to the extent that sums are recovered.
   • This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Use or your use of our Services.
10. Indemnity
    • You agree to indemnify and hold us and our Related Parties, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and claims made by third parties, due to or arising out of:
      • your use or inability to use this Website in any way;
      • any Events you participate in;
      • any Provider’s breach or negligent performance or failure or delay to provide any Events or perform their obligations under a relevant arrangement;
      • your disputes with Providers;
      • any Loss, damage or claim made against us by a third party:
        • for actual or alleged infringement of a third party’s intellectual property rights arising out of the supply or use of the Website by you;
        • for death, personal injury, illness or damage to property resulting from Events you have attended,

to the extent that the claim results from the breach, negligent performance or failure or delay in performance of these Terms of Use by you;

• any breach of any of these Terms of Use or any act or omission by you; or
• any action taken on your Account.

• Any amounts payable under this indemnity must be paid to us immediately on demand without set-off or counter claim.
• Except where expressly stated to the contrary in these Terms of Use, the rights of a party under this clause are in addition to any other rights available to that party whether those rights are provided for under these Terms of Use or by law.
• It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
• The indemnities in this clause:
  • are continuing obligations on you, independent from your other obligations under these Terms of Use and survive termination or expiry of these Terms of Use; and
  • are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting your liability.

11. Privacy
    • We reserve the right to collect, use and share any information provided by you to us in accordance with our Privacy Policy.
12. General provisions
    • No Waiver

No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with these Terms of Use unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

• Assignment, Novation and Other Dealings
  • Any rights of Swipe Health Platforms that arise out of or under these Terms of Use are assignable and capable of novation by that party in its discretion and without notice or your prior written consent.
  • Any rights of any User that arise out of or under these Terms of Use are not assignable or capable of novation by the User without the prior written consent of Swipe Health Platforms.
• Severability
  • If the whole or any part of a provision of these Terms of Use is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not.
  • Clause 12.3(a) does not apply if the severance of a provision of these Terms of Use in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under these Terms of Use as determined by Swipe Health Platforms.
• No Merger

On completion or termination of these Terms of Use, the rights and obligations of the parties set out in these Terms of Use will not merge and any provision that has not been fulfilled remains in force.

• Survival

Any clause which by its nature is intended to survive termination or expiry of these Terms of Use will survive such termination or expiry.

• Further Action

Each party must do all things (including completing and signing all documents) reasonably requested by the other party that are necessary to give full effect to these Terms of Use and the transactions contemplated by these Terms of Use.

• Relationship of the Parties
  • Nothing in these Terms of Use gives a party authority to bind any other party in any way.
  • Nothing in these Terms of Use imposes any fiduciary duties on a party in relation to any other party.
• Remedies Cumulative

Except as provided in these Terms of Use and permitted by law, the rights, powers and remedies provided in these Terms of Use are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of these Terms of Use.

• Entire Agreement

These Terms of Use states all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter.

• No Reliance

No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms of Use.

• Governing Law and Jurisdiction
  • These Terms of Use are governed by the law in force in the State.
  • Each party irrevocably submits to the exclusive jurisdiction of courts exercising jurisdiction in the State and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Use.
  • Each party irrevocably waives any right it has to object to the venue of any legal process in the courts described in clause 12.11(a) on the basis that:
    • any proceeding arising out of or in connection with these Terms of Use has been brought in an inconvenient forum; or
    • the courts described in clause 12.11(a) do not have jurisdiction.